Ind. Code ch. 32-17.5-8

in effect

Ind. Code § 32-17.5-8-1 Waiver

Sec. 1. A disclaimer is barred by a written waiver of the right to disclaim if the waiver is: (1) executed before the date of the disclaimer; (2) executed by the person having the right to disclaim; and (3) delivered or filed in the same manner that a disclaimer would be delivered or filed under IC 32-17.5-7. As added by P.L.5-2003, SEC.1.

Ind. Code § 32-17.5-8-2 Events barring disclaimer

Sec. 2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) The disclaimant accepts the interest sought to be disclaimed. (2) The disclaimant voluntarily: (A) assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed; or (B) contracts to take an action described in clause (A). (3) A judicial sale of the interest sought to be disclaimed occurs. As added by P.L.5-2003, SEC.1.

Ind. Code § 32-17.5-8-2.5 Disclaimer barred in amount of child support arrearage

Sec. 2.5. (a) This section applies to a disclaimer of an interest in property by a disclaimant who is delinquent (as defined in IC 31-9-2.1-73(b)) before the disclaimer becomes effective. (b) A disclaimer of an interest in property is barred up to the amount of the disclaimant's child support arrearage. As added by P.L.80-2010, SEC.52. Amended by P.L.145-2026, SEC.219.

Ind. Code § 32-17.5-8-3 Power held in fiduciary capacity

Sec. 3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power. As added by P.L.5-2003, SEC.1.

Ind. Code § 32-17.5-8-4 Power not held in fiduciary capacity

Sec. 4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by the previous exercise of the power unless the power is exercisable in favor of the disclaimant. As added by P.L.5-2003, SEC.1.

Ind. Code § 32-17.5-8-5 Other law

Sec. 5. A disclaimer is barred or limited if the disclaimer is barred or limited by Indiana law other than this article. As added by P.L.5-2003, SEC.1.

Ind. Code § 32-17.5-8-6 Effect of disclaimer

Sec. 6. (a) A disclaimer of a power over property that is barred by this article is ineffective. (b) A disclaimer of an interest in property that is barred by this article takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this article had the disclaimer not been barred. As added by P.L.5-2003, SEC.1.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026